The Furniture and Furnishings (Fire) (Safety) Regulations 1988 apply across the United Kingdom, and since 30 October 2025 they no longer require display labels on new products, but the permanent label is still required and GOV.UK says second-hand supply of furniture still needs it.

Why the regulations matter when reusing furniture

Reuse comes ahead of disposal in the waste hierarchy, but furniture that goes to a second owner through a business is still within the 1988 Regulations. GOV.UK says these Regulations set flammability requirements for domestic upholstered furniture supplied anywhere in the United Kingdom and were made under the Consumer Protection Act 1987. The guidance is written for businesses, so it is the reference for shops, dealers and clearance firms that resell items.

What counts as furniture

Regulation 3 defines furniture as furniture of any description ordinarily intended for private use in a dwelling. It includes beds and divans with their bases and headboards, sofa-beds, cushions, mattresses and pillows, and excludes items such as bedding and floor coverings. A dwelling includes a caravan but not boats or other vessels or motor vehicles.

The second-hand rule

Regulation 14 applies to furniture that has previously been supplied to a person who acquired it other than for a business of dealing in furniture, whether in the United Kingdom or elsewhere. Such furniture must satisfy regulations 5, 6 and 8(1) and (2). Regulation 5 requires upholstery to pass the cigarette test, with exceptions including mattresses, bed-bases, pillows and cushions. Regulation 6 requires filling material to pass the relevant ignitability test. Regulation 8 requires visible and invisible parts of covers to pass match tests.

GOV.UK says second-hand supply of furniture still requires a permanent label and that suppliers of second-hand furniture should familiarise themselves with regulation 14 as amended.

The permanent label

Regulation 11 requires furniture to bear the permanent labelling specified in Schedule 7. GOV.UK describes it as a durable label attached to furniture that carries the relevant compliance information. The Government’s 2025 changes did not alter these obligations.

What changed on 30 October 2025

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025 came into force on 30 October 2025, following a deferral of six months after they were laid. GOV.UK says they removed the requirement for manufacturers to attach a display label, often called a swing label, to new products, extended the time for enforcement authorities to start proceedings for offences under the Consumer Protection Act 1987 from six to twelve months, and removed certain baby and young children’s products from scope.

The products removed include small children’s mattresses, play pens, children’s car seats, play mats, changing mats, prams and pushchairs, cots and cribs, cot bumpers, baby rockers and bouncers, baby nests, highchairs and lowchairs, booster seats and baby walkers. Those products must instead meet general product safety law: the General Product Safety Regulations 2005 in Great Britain and EU Regulation 2023/988 in Northern Ireland.

Why baby products left the scheme

GOV.UK says the amendments followed a public consultation held between August and October 2023 and were announced in January 2025. The stated reason for removing baby and young children’s products is to reduce exposure to chemical flame retardants at a significant stage of development, where the fire risk is lower than the chemical exposure risk because such products are less exposed to accidental ignition by cigarettes or similar sources. Upholstered baby accessories that are not items of furniture also remain out of scope.

The guidance says one way to demonstrate compliance with general product safety law is to follow agreed standards, and it mentions BS EN 1021 Parts 1 and 2, BS 7177, BS EN 16890, EN 597 Parts 1 and 2 and BS EN 71 Part 2, as appropriate.

Old stock and labels

Because there was no transition period, GOV.UK says businesses can keep selling products that carry compliance labels, including display labels or 1988 Regulations labels on products now out of scope, indefinitely, as long as the labelling accurately represents compliance.

FAQs

Do the 2025 changes remove the permanent label?

No. GOV.UK says the changes do not affect obligations relating to the permanent label under regulation 11 and Schedule 7.

Can shops keep selling stock with display labels?

GOV.UK says businesses can continue selling products carrying display labels, or 1988 labels on products now out of scope, as long as the labelling accurately represents compliance.

Are cots and prams still covered by the fire regulations?

No. They were removed from scope from 30 October 2025 and must meet general product safety law instead.

Do the rules apply in Northern Ireland?

GOV.UK describes the Furniture and Furnishings Regulations as applying across the United Kingdom, while general product safety follows EU rules in Northern Ireland for the products taken out of scope.

Bottom line

Before furniture is resold or donated through a business, the fire safety label deserves a check, because the 1988 Regulations still expect a permanent label on second-hand upholstered items across the UK. The display label went in October 2025, and several baby and children’s products left the scheme. This is general information, not legal advice; Trading Standards can advise on a particular item or stock.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• Office for Product Safety and Standards via GOV.UK, “Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025: UK”
• legislation.gov.uk, “The Furniture and Furnishings (Fire) (Safety) Regulations 1988, regulation 14: Second-hand furniture”
• legislation.gov.uk, “The Furniture and Furnishings (Fire) (Safety) Regulations 1988, regulation 11: Permanent labels”
• legislation.gov.uk, “The Furniture and Furnishings (Fire) (Safety) Regulations 1988, regulation 5: Upholstery”
• legislation.gov.uk, “The Furniture and Furnishings (Fire) (Safety) Regulations 1988, regulation 6: Filling material”
• legislation.gov.uk, “The Furniture and Furnishings (Fire) (Safety) Regulations 1988, regulation 8: Permanent covers”

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Sections 46 and 47 of the Environmental Protection Act 1990 let a waste collection authority serve a notice specifying the receptacles a household or business must use, and both provisions give the recipient 21 days to appeal on grounds including unreasonableness.

Household bins: what a notice can require

Under section 46, where a waste collection authority must arrange collection of household waste from a property, it may serve a notice on the occupier requiring the waste to be placed in receptacles of a kind and number specified. The requirements must be reasonable. In Wales an authority may require separate receptacles or compartments for recycling and non-recycling waste, and an English authority may require separate receptacles or compartments to comply with its duties under sections 45A and 45AZA. Where a waste reduction scheme under Schedule 2AA to the Act is operating in England or Wales, the authority may also require receptacles identified by specified means.

The notice may deal with the size, construction and maintenance of receptacles, where they are placed to allow emptying and access, the substances that may or may not go in, the steps occupiers must take to help collection, and when receptacles must be put out and removed. Placing receptacles on a highway needs highway authority consent and arrangements about liability for damage.

Who provides the bins

Section 46(3) gives the authority four options: provide receptacles free of charge; propose to provide them for a payment agreed with the occupier; require the occupier to provide them if no agreement is reached within a specified period; or require the occupier to provide them. The Controlled Waste Regulations 2012 add that a council can charge to collect waste that a section 46 notice prevents from being placed in the receptacle.

Penalties depend on the nation

Section 46(6) makes it an offence, punishable by a fine not exceeding level 3, to fail without reasonable excuse to comply with a household requirement, but the wording applies to requirements imposed by a waste collection authority in Scotland or Wales. Under section 46(11), a waste collection authority is not obliged to collect household waste placed out in contravention of a requirement. The section is marked as applying in England, Wales and Scotland, so the practical consequence of a breach depends on the nation.

Appealing a household notice

An occupier can appeal to a magistrates’ court, or in Scotland to the sheriff, against a requirement on the grounds that it is unreasonable or that the receptacles already used for household waste are adequate. The period is 21 days from service of the notice, or from the end of any period given for the occupier to provide receptacles. While the appeal is pending the requirement has no effect, and the court can quash or modify it or dismiss the appeal.

Business bins under section 47

Section 47 covers commercial and industrial waste. An authority may, at a business’s request, supply receptacles for waste it has agreed to collect and must charge a reasonable amount unless, for commercial waste, it considers it appropriate not to charge.

Where commercial or industrial waste is likely to cause a nuisance or harm local amenities unless stored in receptacles of a particular kind, the authority may serve a notice requiring the occupier to provide receptacles of a specified kind and number, limited to what is reasonable. The notice can cover the same matters as a household notice, and an English authority may require separate receptacles or compartments to comply with section 45AZB. In Wales, a business notice does not apply so far as it duplicates or conflicts with a requirement under section 45AA(4). Non-compliance without reasonable excuse is an offence with a fine not exceeding level 3, and the occupier has 21 days to appeal on the ground that the requirement is unreasonable or that the waste is not likely to cause a nuisance or harm amenity. The requirement is suspended while the appeal is pending.

FAQs

Can a council refuse to empty a bin that breaks the notice?

Section 46(11) says a waste collection authority is not obliged to collect household waste placed out in contravention of a requirement.

Is failing to comply with a household bin notice always an offence?

Section 46(6) applies its fine to requirements imposed by authorities in Scotland or Wales, so the position in England is different.

Can bins be placed on the pavement?

Section 46(5) and section 47(5) say no requirement can be made for receptacles to be placed on a highway unless the highway authority consents and liability for damage has been arranged.

How long is there to appeal a bin notice?

Twenty-one days, as set out in section 46(8) for households and section 47(8) for businesses.

Bottom line

A bin notice must be reasonable, and the recipient can appeal within 21 days, with the notice suspended until the court decides. Households in Scotland and Wales can be fined for breaching one, whereas English councils are not obliged to collect non-compliant waste. Businesses face the same level 3 fine under section 47. This is general information, not legal advice; the council can explain the notice it has served.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “Environmental Protection Act 1990, section 46: Receptacles for household waste”
• legislation.gov.uk, “Environmental Protection Act 1990, section 47: Receptacles for commercial or industrial waste”
• legislation.gov.uk, “The Controlled Waste (England and Wales) Regulations 2012, Schedule 1”

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In England and Wales, the Controlled Waste (England and Wales) Regulations 2012 decide whether waste counts as household, commercial or industrial according to where it is produced and what it is, and that classification affects what councils can charge for collecting and disposing of it.

The three classes in the Act

The Environmental Protection Act 1990 and the Controlled Waste (England and Wales) Regulations 2012 sort waste into three legal classes, which shapes the Duty of Care, the route for disposal and the charges a council may make. The Regulations extend to England and Wales; Scotland and Northern Ireland have their own rules. Section 75 of the 1990 Act defines household waste as waste from domestic property, meaning a building or self-contained part of a building used wholly for living accommodation, from a caravan on a caravan site, from a residential home, from premises forming part of a university, school or other educational establishment, and from premises forming part of a hospital or nursing home.

Industrial waste is waste from factories, transport service premises, utility and telecommunications premises, mines, quarries and agricultural premises. Commercial waste is waste from premises used wholly or mainly for a trade or business, or for sport, recreation or entertainment, excluding household and industrial waste. Regulations can deem waste to be one type or another, which is what the 2012 Regulations do.

Classification by place

Schedule 1 of the 2012 Regulations lists places. Waste from private storage premises used for domestic articles, land connected with domestic property, places of worship, penal institutions, charity shops selling donated goods and premises used wholly or mainly for public meetings is household waste. A private garage produces household waste unless its floor area exceeds 25 square metres or it is not mainly used for a private motor vehicle.

Commercial waste comes from a hotel, a market or fair, a club or society, a camp site, a court or government department, a charity-occupied premises used mainly for charitable purposes, and any part of a composite hereditament used for trade or business. Domestic property used in the course of a business for self-catering accommodation also produces commercial waste, as does a caravan used that way. Waste from laboratories, animal-breeding premises and imported waste is industrial.

Classification by type of waste

Some waste is classified by its nature. Schedule 1 treats waste oil, waste solvent and scrap metal as industrial waste, except that when produced at a residential home, domestic property, a small private garage or a vehicle used wholly as living accommodation it is household waste. Construction and demolition waste is industrial, although it is treated as household waste for the limited purpose of the householder’s Duty of Care under section 34(2) and (2A). Clinical and offensive waste is industrial except that it is household waste when produced at a home or similar place.

Working from home

GOV.UK’s business waste guidance says any waste from a commercial activity is business waste, and that if part of a home is used to run a business, waste from that part is business waste. Business waste carries the responsibilities GOV.UK lists: keeping waste to a minimum, storing it securely, completing a waste transfer note for each load leaving the premises and checking the carrier is registered.

Household waste a council can charge to collect

Paragraph 4 of Schedule 1 lists household waste for which a collection charge may be made. It includes any article over 25kg, anything that will not fit a council-provided household receptacle (or, where none is provided, a cylindrical container 750mm in diameter and 1m long), garden waste, dead domestic pets, waste oil or grease, asbestos and waste that a notice under section 46 prevents being put in the receptacle.

The same table says disposal charges generally cannot be made for household waste, with exceptions such as waste from charity shops that originated from non-domestic property, residential homes, hospitals and nursing homes, and penal institutions.

FAQs

Is waste from a holiday let household waste?

No. Schedule 1 treats domestic property used in the course of a business for self-catering accommodation as producing commercial waste.

Is waste from a home office household waste?

GOV.UK says that where part of a home is used to run a business, waste from that part is business waste.

Is waste from a small garage household waste?

Schedule 1 treats a private garage as producing household waste, unless its floor area exceeds 25 square metres or it is not mainly used for a private motor vehicle.

Is a charity shop’s waste commercial waste?

Schedule 1 lists a charity shop selling donated goods from domestic property as household waste, but premises occupied by a charity and used mainly for charitable purposes as commercial waste.

Does this apply in Scotland?

No. The Regulations extend to England and Wales only.

Bottom line

In England and Wales, the law classifies waste by place and by type, so a holiday let, a hotel or a home-based business part of a house produces commercial waste, while a domestic garage under 25 square metres produces household waste. The class determines the duties that apply and what a council may charge. This is general information, not legal advice; the local council or the Environment Agency can confirm how a particular waste is classified.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “The Controlled Waste (England and Wales) Regulations 2012, Schedule 1: Household, industrial and commercial waste”
• legislation.gov.uk, “Environmental Protection Act 1990, section 75: Meaning of “waste” and household, industrial and commercial waste”
• GOV.UK, “Dispose of business or commercial waste”

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Under section 34 of the Environmental Protection Act 1990 as amended by the Waste (Scotland) Regulations 2012, anyone in Scotland who produces controlled waste, other than household waste, must take all reasonable steps to ensure the separate collection of dry recyclable waste, and food businesses have further duties on food waste.

The duty to separate dry recyclables

Regulation 2 of the Waste (Scotland) Regulations 2012, which extend to Scotland only, amended the Environmental Protection Act 1990 by inserting new duties into section 34. From 1 January 2014, section 34(2E) makes it the duty of any person who produces controlled waste, other than an occupier of domestic property in respect of household waste, to take all reasonable steps to ensure the separate collection of dry recyclable waste. “Separate collection” is defined so that dry recyclable waste is kept apart from other waste, each dry stream is kept apart from the others and food waste is kept separate from other waste.

Zero Waste Scotland’s guidance lists the materials as glass, metal, plastic, paper and card, and says the rules apply to organisations of any size, whether private, public or voluntary.

Food waste duties for food businesses

Section 34(2F) requires anyone who controls or manages a food business producing controlled waste to take all reasonable steps to ensure the separate collection of its food waste. Section 34(2G) sets out exceptions: food waste produced on premises in a rural area; food waste from a business producing less than 5 kilograms a week from 1 January 2016 (the threshold was 50 kilograms a week in 2014 and 2015, when hospitals were also excepted); and catering waste from means of transport operating internationally.

A “food business” is defined as an undertaking, for profit or not, public or private, carrying out any activity related to the processing, distribution, preparation or sale of food. Zero Waste Scotland says this excludes businesses that only prepare and sell drinks, and that a staff canteen where food is prepared, sold and consumed counts as a food business. Whether an area is rural is defined by postcode units in a Scottish Government classification, and Zero Waste Scotland points to its postcode lookup.

Mixing and departures from the duties

Section 34(2H) allows food waste to be mixed with other biodegradable waste to the extent that the mixed waste is presented in a way that ensures the amount of food waste collected is not significantly less than if the wastes were not mixed. Section 34(2J) allows a departure from the dry recyclables duty where the material recycled is not significantly less, and its quality not significantly lower, than if the duty were followed, and the waste is not mixed with waste that cannot be recycled.

Transporters and quality

Section 34(2I) makes it the duty of anyone who transports controlled waste to collect and transport separately any waste presented under those duties. Section 34(2L) adds a duty on anyone who produces or manages controlled waste, or a broker or dealer with control of it, to take all reasonable steps to ensure that it meets quality standards, is managed in a way that promotes high quality recycling and is not the subject of a contravention by another person.

Food waste and drains

From 1 January 2016, section 34(2K) makes it the duty of anyone who produces food waste, other than a household occupier or an occupier of rural property, to ensure it is not deposited in a public drain or sewer, or a drain that connects to one. Zero Waste Scotland says that means food waste disposers or macerators cannot be used to send food waste to a drain in a non-rural area where a separate collection is available. It adds that there is no legal requirement to remove macerators, but that keeping them risks a fine, and that systems which dewater food waste and store the solids for collection are acceptable if the loss of solids to sewers is minimal. It also says enzymatic digesters that recover no organic waste before it goes to sewer are banned.

Practical steps

Zero Waste Scotland’s five steps for compliance are to speak to the local authority or waste contractor, label bins and train staff, avoid contaminating recyclables or food waste, check whether a food business must present food waste, and try to reduce waste. It warns that putting everything into one bin is not compliant if recyclables are present, that contractors may refuse or charge extra for contaminated loads, and that clear bags are suggested for recyclables with black bags reserved for general waste.

FAQs

Does a small café have to separate food waste?

Only if it produces 5 kilograms or more a week and is not in a rural area. Section 34(2G) exempts businesses below that level and rural premises.

Does this apply in England or Wales?

No. The Regulations extend to Scotland only. England and Wales have separate workplace recycling rules.

Can businesses use a macerator for food waste?

Zero Waste Scotland says a macerator cannot be used to discharge food waste to a drain or sewer in a non-rural area where a separate food waste collection is available.

Bottom line

In Scotland, every business and organisation that produces controlled waste must take reasonable steps to separate dry recyclables, urban food businesses producing 5 kilograms or more of food waste a week must separate it as well, and food waste must not go down public drains in non-rural areas. Regulations extend to Scotland only. This is general information, not legal advice; the local authority, contractor or SEPA can advise on a specific premises.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• legislation.gov.uk, “The Waste (Scotland) Regulations 2012” (as made)
• legislation.gov.uk, “Environmental Protection Act 1990, section 34: Duty of care etc. as respects waste”
• Zero Waste Scotland, “Waste (Scotland) Regulations”

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In Scotland, a business that transports waste produced by someone else, including skip hire and house clearance firms, must hold a SEPA “Transporting waste” registration, and a business that only carries its own waste needs a separate, fee-free “Transporting your own waste” registration.

Who must register in Scotland

NetRegs, the environmental guidance service for Scotland and Northern Ireland, says that from 1 April 2026 businesses that transport waste produced by someone else must have a “Transporting waste” registration from the Scottish Environment Protection Agency (SEPA). It names waste management contractors, house clearance companies and skip hire companies as examples. SEPA describes the activity as covering, for example, commercial waste collections, skip uplift, house clearances, collecting waste textiles and waste soil haulage.

SEPA says a business that transports or arranges the transport of waste must register even if this is only occasional, and that failing to register may result in a fine of up to £5,000. The registration is granted under the Environmental Authorisations (Scotland) Regulations, known as EASR.

Carrying your own waste

A separate “Transporting your own waste” registration applies to businesses that transport only their own waste. SEPA gives gardeners, building trades such as plumbers, joiners and roofers, and food stalls as examples, and says the registration applies whatever type of waste is produced, including a trader’s own construction and demolition waste. NetRegs says the registration replaced the professional collector and transporter registration from 1 April 2026, that existing registrations continue until 31 March 2027 (by which time an EASR application must have been made), and that it carries no conditions and no fee, though it must be renewed every three years and Duty of Care responsibilities still apply. A business that holds a Transporting waste registration does not need this one as well.

Existing registration holders

NetRegs says existing waste carrier registration holders keep their expiry date. They are issued a new EASR registration number when they renew after 1 April 2026, but can continue to use the old waste carrier number as evidence of authorisation for 3 years.

Fees and renewal

SEPA’s Transporting waste page listed a new-registration fee of £304.10 and a three-yearly renewal fee of £198.55 on 21 September 2026. Its application page adds that adding another activity by variation costs 70% of the application charge (£212.87), that a transfer costs £198.55 and that a surrender costs 30% of the application charge (£91.23). Transferring a registration does not reset its three-year period.

Conditions and the fit and proper person test

SEPA says registration is only granted if the applicant can comply with the standard conditions for EASR-SC-035. All waste must be inspected before transport to check it matches the description on the accompanying waste transfer note, and the authorisation reference must be given to anyone from whom waste is collected and be included in any advertisement for waste transport services. Breaching the conditions is an offence.

Fit and proper person tests apply, so an applicant is asked whether they or any additional persons have relevant convictions or civil penalties. An applicant who applies online and has nothing to declare receives the registration by email, while other applications are assessed, with a statutory timescale of 28 days. Applicants must also confirm familiarity with the Duty of Care for waste. SEPA adds that an online application cannot be saved and finished later, so all documents need to be ready before starting, and that company details may be pulled from Companies House, which should be up to date.

Working across borders and checking a carrier

SEPA says a carrier moving waste between Scotland, England and Wales registers with the agency where its main business takes place, and the authorisation is valid in all three countries. Carriers moving waste to or from Northern Ireland must register with both SEPA and the Northern Ireland Environment Agency. Waste transporters and brokers based in England and Wales register with the Environment Agency or Natural Resources Wales instead.

SEPA publishes a register of waste transporters and brokers, so a customer can check that a carrier is registered before handing over waste.

FAQs

Does an occasional carrier need to register?

Yes. SEPA and NetRegs both say authorisation is needed even if carrying waste is not the main business or is only occasional.

Do the old Scottish waste carrier numbers still work?

NetRegs says existing holders can keep using the old number as evidence of authorisation for 3 years after they renew and receive an EASR number.

Is there a fee to register for carrying only your own waste?

No. SEPA and NetRegs say there is no fee, but the registration must be renewed every three years.

Does this apply in England or Wales?

No. This guide covers Scotland. Carriers based in England or Wales register with the Environment Agency or Natural Resources Wales.

Bottom line

In Scotland, carrying other people’s waste needs a SEPA Transporting waste registration, with a listed fee and conditions that include quoting the reference in adverts, while carrying only one’s own waste needs a free registration that must be in place by 31 March 2027 for existing holders. Households hiring a carrier can check SEPA’s public register. This is general information, not legal advice; SEPA can confirm the current position and fees.

Sources

This guide draws on the following primary sources, current as of 21 September 2026:

• NetRegs, “Transporting waste – who needs to register”
• SEPA, “Transporting waste EASR-SC-035”
• SEPA, “Transporting your own waste EASR-SC-034”
• SEPA, “Transporting waste or acting as a broker or dealer of waste”

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GOV.UK guidance says district councils and other litter authorities in England must keep land in their area clear of litter and refuse, including dog mess, as far as is practicable, and that dropping litter on publicly accessible land or into water is an offence.

Who must keep land clear

GOV.UK guidance on litter and refuse, written for authorities in England, says the councils that are litter authorities are county councils, district councils, single-tier councils, London borough councils, the Common Council of the City of London and the Council of the Isles of Scilly. Other bodies are responsible for litter on all or part of their own land, including Crown authorities, educational institutions, Network Rail and rail and tram operators, and water companies. Scotland, Wales and Northern Ireland have their own arrangements, which are not covered here.

What land is covered

Council litter authorities are responsible for “relevant land”: land that is open to the air on at least one side, under their direct control and publicly accessible with or without payment. That includes beaches above the average high water mark. Councils must also keep highways they are responsible for clean and clear as far as practicable. Litter authorities must have regard to the Code of Practice on Litter and Refuse, which the guidance says means considering it and following it unless there are clear, justifiable reasons not to.

Litter offences and penalties

The guidance says it is an offence to drop litter on land or into water accessible to the public, even where the land is private, for example a right of way. According to the guidance, as updated in July 2018, offenders can be prosecuted in a magistrates’ court and fined up to £2,500, and can also be given fixed penalty notices, which lead to prosecution if not paid. The guidance lists cases where a fixed penalty notice is not appropriate: people who put rubbish out for collection at the wrong time, accidental litter dropping, cases not in the public interest and repeat offenders, who should be prosecuted.

Public space protection orders and community protection notices

Councils can make public space protection orders for problems in public spaces, including the control of dogs; they can make it an offence for owners not to clean up after dogs or to allow dogs into particular places such as playgrounds. For litter from businesses, councils can issue community protection notices requiring businesses or individuals to clear litter from around their premises and to prevent future littering, and failure to comply is an offence. The guidance says these notices have replaced street litter control notices, that councils can no longer issue the older notices, but that they must keep a public register of those still in force, which the public can inspect free of charge and copy for a reasonable charge.

When a council fails: litter abatement orders

The guidance says a litter authority can be taken to court if it does not keep publicly accessible land it is responsible for clear of litter and refuse. It can be ordered to pay the complainant’s costs, but it can avoid court action by clearing the land within five days of being notified. A court can make a litter abatement order requiring the authority to clear the land within a set time. Breaching an order is an offence punishable by a fine of up to £2,500 and further fines of up to £125 for each day the offence continues after conviction, according to the guidance.

Roads and refuse that blocks them

When cleaning or clearing roads, councils must warn approaching traffic with signs and barriers, follow the highway authority’s instructions on timing and apply for a traffic regulation order if they need to restrict traffic. If an object is on a road, the council, or the Highways Agency on a trunk road, should remove it immediately if it is dangerous or issue the owner a notice to remove it within a set time. The guidance says leaving anything on a road that could interrupt its use is an offence, punishable on conviction by a fine of up to £1,000. Councils have further powers to remove abandoned vehicles and abandoned shopping trolleys and to control leafleting.

FAQs

Does litter law apply on private land?

GOV.UK says it is an offence to drop litter on land or into water that is accessible to the public, even if the land is private.

Can a business be made to clear litter around its premises?

Yes. Councils can issue community protection notices, and failure to comply is an offence, according to the guidance.

What can I do if the council leaves public land littered?

The guidance says a litter authority can be taken to court and can avoid action by clearing the land within five days of notification; a court can make a litter abatement order.

Bottom line

In England, litter authorities must keep relevant land clear as far as practicable, and dropping litter on publicly accessible land is an offence with fixed penalty notices and fines. Businesses can be made to clear litter, and courts can force a litter authority to act. The amounts above are those stated in GOV.UK guidance updated in July 2018; this is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• Department for Environment, Food & Rural Affairs via GOV.UK, “Litter and refuse: council responsibilities to keep land clear”

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Under the Refuse Disposal (Amenity) Act 1978, which extends to England, Wales and Scotland, a local authority has a duty to remove a motor vehicle that appears to have been abandoned without lawful authority on land in the open air or on a road, subject to notice to the occupier and other limits.

The council’s duty to remove

Section 3 of the Refuse Disposal (Amenity) Act 1978, which the legislation marks as extending to England, Wales and Scotland, says that where it appears to a local authority that a motor vehicle in its area is abandoned without lawful authority on land in the open air or on a road, it is the authority’s duty to remove the vehicle, subject to the section’s other provisions. Guidance published by the Department for Environment, Food and Rural Affairs (Defra) for local authorities says this includes private land and private roads. The notice periods below come from that guidance, and a landowner in Wales or Scotland should confirm them with the local council.

Notice to the landowner or occupier

Where the land is occupied, the Act says the authority must give the occupier notice that it proposes to remove the vehicle and cannot remove it if the occupier objects within the prescribed period. That does not apply to a vehicle abandoned on a road. Defra’s guidance gives the notice as 15 days, states that the authority cannot charge the landowner or occupier for removal from land in the open air, and says the authority cannot remove the vehicle if the occupier objects during the notice period. The guidance and the Act also allow an authority not to remove a vehicle from land away from the highway if the cost of moving it to the nearest carriageway would be unreasonably high, for example where special machinery is needed. The guidance states that authorities cannot be held liable for damage resulting from abandoned vehicles.

How abandonment is judged

Defra’s guidance says the authority must decide whether a vehicle is abandoned, and that this is likely if at least one of several signs applies: the vehicle has no keeper on the DVLA database and is untaxed, it has been stationary for a significant time, it is significantly damaged, run down or unroadworthy (for example with flat tyres, missing wheels or broken windows), it is burned out, or a number plate is missing. Authorities can obtain registered keeper information from the DVLA and can legally enter land at a reasonable time to investigate and remove abandoned vehicles.

Penalties for abandoning a vehicle

Section 2 of the 1978 Act makes it an offence to abandon a motor vehicle, or parts removed from one during dismantling, on land in the open air or on a road without lawful authority, punishable on summary conviction by a fine at level 4 on the standard scale, with the possibility of imprisonment for up to three months for a second or subsequent conviction. A person who leaves something in such circumstances or for such a period that it may reasonably be assumed to have been abandoned is treated as having abandoned it unless the contrary is shown. Defra’s guidance says authorities can issue a fixed penalty notice for relatively minor offences or prosecute.

Disposal and what happens to sale proceeds

Section 4 lets an authority dispose of a removed vehicle as it thinks fit. Defra’s guidance says an authority can dispose of a vehicle immediately if it is only fit to be destroyed or has no number plates; otherwise it must try to find the owner and give seven days’ written notice to collect it before disposal. The owner can reclaim a vehicle by paying the authority’s removal and storage costs. The guidance adds that authorities can sell a vehicle at auction or have it destroyed at an authorised treatment facility, and that if it is sold, the owner can claim the money raised, less removal, storage and disposal costs, for up to a year afterwards.

Who pays the costs

Section 5 lets the authority recover its removal, storage and disposal charges from the “person responsible”, defined as the owner at the time the vehicle was put in the place unless the owner shows that they were not concerned in it and did not know of it, anyone who put it there, or anyone convicted under section 2 as a result. The court can order a convicted person to pay. Defra’s guidance notes that an individual who finds an abandoned vehicle can report it to their local council.

FAQs

Will the council charge me for removing a vehicle dumped on my land?

No, according to Defra’s guidance the authority cannot charge the landowner or occupier when it removes a vehicle from land in the open air.

Can I stop the council removing the vehicle?

Under section 3, an occupier who objects within the notice period can prevent removal from their land, which the guidance sets at 15 days.

What if the vehicle is on a road?

The notice requirement does not apply to a vehicle abandoned on a road or highway.

Bottom line

Councils have a statutory duty to remove abandoned vehicles from open land and roads, must give landowners notice and cannot charge them, and can dispose of vehicles after tracing the owner or, in some cases, immediately. Report a dumped vehicle to the local council. This is general information about the 1978 Act and Defra guidance, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• legislation.gov.uk, “Refuse Disposal (Amenity) Act 1978, section 3: Removal of abandoned vehicles”
• legislation.gov.uk, “Refuse Disposal (Amenity) Act 1978, section 2: Penalty for unauthorised dumping”
• legislation.gov.uk, “Refuse Disposal (Amenity) Act 1978, section 5: Recovery of expenses connected with removed vehicles”
• Department for Environment, Food & Rural Affairs via GOV.UK, “Abandoned vehicles: local authority responsibilities”

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In Northern Ireland, companies and individuals who transport controlled waste must register with the Northern Ireland Environment Agency (NIEA), and carrying controlled waste without registration is a criminal offence with a maximum fine of £5,000.

The legal requirement in Northern Ireland

The Department of Agriculture, Environment and Rural Affairs (DAERA) explains that the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 require companies and individuals who transport all categories of controlled waste to apply for registration with the NIEA. It is a criminal offence to transport controlled waste without registration, carrying a maximum fine of £5,000. DAERA describes controlled waste as all liquid waste and any waste that cannot be disposed of as a Class I, II or III landfill site, including asbestos, commercial and demolition waste, clinical waste, tyres and immobilised or encapsulated waste. nibusinessinfo, the Northern Ireland business advice service, gives a broader summary that controlled waste includes commercial, industrial and household waste as well as hazardous waste. These rules apply in Northern Ireland; England, Scotland and Wales have separate registers.

Who needs to register

nibusinessinfo says anyone who wants to transport other people’s controlled waste, or their own construction and demolition waste, must register as a waste carrier. All businesses can register, including self-employed people, partnerships and companies, and registration is needed even if carrying waste is not the main activity or happens only occasionally. Anyone who carries waste without registering could be prosecuted.

Upper tier and lower tier

DAERA says the upper tier applies to people and businesses who transport, dispose of, buy or sell controlled waste, or arrange for others to do so, which it summarises as basically any waste in a commercial vehicle. The lower tier is available to specified bodies, including government departments, district councils, waste collection, disposal or regulation authorities, charities, voluntary organisations and wholly owned subsidiaries of Northern Ireland Railways, and to businesses that only carry animal by-products, only carry, broker or deal in waste from agricultural premises, only carry mine or quarry waste, or that do not carry construction and demolition waste or waste produced by another person or organisation.

nibusinessinfo adds that lower tier carriers are also known as “specified persons”, and that a business that normally and regularly carries controlled waste produced by its own business also needs the lower tier registration.

Fees and how to apply

DAERA’s page, last updated on 27 February 2025, states that a new upper tier application costs £180 and an upper tier renewal £90 under the Waste (Fees and Charges) (Amendment) Regulations (Northern Ireland) 2025, and that there are no fees for the lower tier. Applicants need to be registered with NI Direct or Government Gateway, provide the names and, for new upper tier applications, dates of birth of the organisation’s executives, owners, directors or partners, give proof of address and details of any environmental offences, and pay by card or BACS. If an upper tier registration is not renewed by its due date, a new application is needed, and a renewing business does not need to resubmit proof of address if its address has not changed since the last licence.

Exemptions from registration

nibusinessinfo lists people who do not need to register as a waste carrier, including those who move waste between different places on their own site, those exporting waste by sea or air from the UK (although registration is needed for transport to the port or airport), those importing waste that is landed in its final location, ferry operators transporting waste-carrying vehicles, and operators of vessels, aircraft and similar with a marine licence or exemption.

The public register and what customers can do

Under Article 34 of the Waste and Contaminated Land Order 1997, DAERA has a statutory duty to maintain a public register of waste carriers, brokers and dealers. A householder or business in Northern Ireland hiring a carrier can ask for the registration number and check it on the register before handing over waste. DAERA’s page also points to a public register of registered waste carriers and transporters and reminds anyone wishing to export waste outside the United Kingdom that the Transfrontier Shipment of Waste Regulations must be complied with, which is a separate requirement from carrier registration.

FAQs

What is the penalty for carrying controlled waste without registering in Northern Ireland?

DAERA states it is a criminal offence carrying a maximum fine of £5,000.

Is a lower tier registration free?

Yes. DAERA says there are no fees for the lower tier.

Do the same rules apply in Great Britain?

No. Northern Ireland has its own regulations and register, and England, Scotland and Wales have separate systems.

Bottom line

Northern Ireland uses a two-tier NIEA registration system for waste carriers: upper tier for commercial carrying of other people’s waste and construction waste, and a free lower tier for specified bodies and activities. Customers should ask for the registration number and check the public register before paying. This is general information; DAERA’s page holds the current fees and forms.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• Department of Agriculture, Environment and Rural Affairs, “Registration of carriers and brokers”
• nibusinessinfo.co.uk, “Waste carriers – who needs to register”

Related guides

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In Wales, anyone who transports waste as part of a business or organisation will usually need to be registered as a waste carrier with Natural Resources Wales, in either the lower tier or the upper tier, and it is a criminal offence to carry, broker or deal in waste without being registered.

Who must register in Wales

Natural Resources Wales (NRW) says that usually anyone who transports waste from one place to another as part of a business or organisation will need to be registered as a waste carrier. A business that arranges for waste from other organisations to be transported, disposed of or recovered needs to register as a broker, and one that buys and sells waste, or uses an agent to do so, must register as a dealer. NRW states that it is a criminal offence to transport, deal in or broker waste without registration. A business based in Wales registers with NRW, while a business based in England contacts the Environment Agency and one in Scotland contacts SEPA.

Who does not need to register

NRW lists those who do not need to register, including householders carrying waste produced at home rather than through a business activity, landowners removing fly-tipping from their land, people who only carry waste between different places within the same premises, people who only carry waste by air or sea from Great Britain to a place outside it, people who carry waste from outside Great Britain to the first point of arrival, and those carrying waste for a marine operation with a marine licence or exemption. A separate NRW page explains that a trader who does not normally and regularly carry waste they have produced may also not need to register if the activity would only fall in the lower tier.

Upper tier or lower tier

NRW’s guidance says the lower tier covers, for example, those who transport waste they produced themselves, provided it is not construction or demolition waste, charities and voluntary organisations, waste collection, disposal and regulation authorities within their own area, and carriers, brokers or dealers who only handle animal by-products, mine or quarry waste or agricultural waste. The upper tier applies to those who transport construction or demolition waste, who transport waste created by someone else such as scrap collectors taking waste from houses, and to brokers and dealers except in the lower-tier categories.

NRW’s examples include builders carrying removed sinks or baths (upper tier), carpet fitters carrying away old carpet (lower tier), fencing contractors carrying away fences they have removed (upper tier because fences count as construction waste), gardeners and tree surgeons carrying green waste (lower tier), house clearance operators (upper tier) and wheelie bin cleaners removing waste from bins (upper tier).

Fees and renewal

According to NRW’s registration page as checked in September 2026, there is no charge for a lower tier registration and no need to renew it. A new upper tier registration costs £184 and expires after three years, and renewing an upper tier registration before expiry costs £126. Registrations are VAT exempt. NRW says it sends a reminder with a unique code and link six weeks before an upper tier registration expires, and the renewed registration begins the day after the current one expires.

Convictions and proof of registration

Applicants must tell NRW about unspent convictions for a list of offences that may prevent registration, such as certain offences under the Environmental Protection Act 1990, the Scrap Metal Dealers Act 2013 and environmental permitting, hazardous waste, WEEE and packaging waste regulations. After registration NRW sends a confirmation certificate with the registration number, which is the proof of registration, and the business appears on the public register of waste carriers, brokers and dealers.

What customers should check

A householder in Wales who uses a skip firm or house clearance business should ask for the registration number and check it against NRW’s public register, expecting an upper tier registration for a house clearance business according to NRW’s examples. NRW says businesses based in England register with the Environment Agency and businesses in Scotland with SEPA, and Northern Ireland has its own register run by DAERA, so the correct register depends on where the carrier is based.

FAQs

Do I need to register to take my own household waste to the tip in Wales?

No. NRW says householders carrying waste produced at home, rather than through a business, do not need to register.

Is a lower tier registration free?

Yes, according to NRW, and it does not need renewing. New upper tier registrations cost £184 for three years.

Where do I check a Welsh carrier?

On NRW’s public register of waste carriers, brokers and dealers.

Bottom line

A waste business in Wales must be registered with Natural Resources Wales in the right tier: lower tier for a limited set of own-waste and specified activities, upper tier for construction waste and anyone carrying other people’s waste. Customers can ask for the registration number and check it on the public register. This is general information, not legal advice; the NRW page carries the current fees and rules.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• Natural Resources Wales, “Register or renew as a waste carrier, broker or dealer”
• Natural Resources Wales, “Deciding if you are a waste carrier, broker or dealer”

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From 1 October 2027, customers in England and Northern Ireland will pay a refundable deposit on certain single-use drinks containers under the new Deposit Return Scheme, while Scotland is introducing similar rules through separate legislation and Wales is developing its own scheme.

Scope and timing by nation

GOV.UK guidance for drinks producers and retailers says that from 1 October 2027 customers will pay a refundable deposit on certain single-use drinks containers under the new Deposit Return Scheme (DRS). Businesses that produce or sell drinks in England and Northern Ireland have new responsibilities under The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025. Similar responsibilities will apply in Scotland, which is introducing separate legislation and guidance. The UK government’s policy statement also refers to a separate Welsh Government scheme, so this guide describes England and Northern Ireland.

Which containers are covered

The deposit applies to single-use drinks containers made wholly or mainly from aluminium, steel or polyethylene terephthalate (PET) plastic, with a capacity of between 150 millilitres and 3 litres, that are likely to be used only once or for a short period. Containers with a lid of another material are still included. The scheme does not apply to containers that are not single use or that are made from high-density polyethylene (HDPE), the material used for milk bottles. Containers for liquid medicines such as cough syrup and for flavour enhancers or sweeteners to add to drinks, such as syrups or hot sauce, are also outside the scheme.

Producers and the supply chain

Everyone in the drinks supply chain must charge the deposit to their buyers when they sell filled in-scope containers, including producers, importers, wholesalers and retailers. Businesses must only supply filled containers that a registered scheme producer has placed on the market and that carry the scheme labelling. The deposit does not need to be charged when supplying unfilled containers.

Producers, meaning manufacturers of in-scope drinks (typically the brand owner), importers and businesses that fill and seal containers to order such as a hospitality venue supplying crowlers, must register with the deposit management organisation, apply the deposit to all containers, pay the deposits collected to the organisation, meet labelling requirements and report the number of drinks placed on the market. Their fee depends on the number of containers. Product lines of fewer than 5,000 units a year count as low volume: no producer fee, deposit or labelling is needed for them, although the producer must still register and report.

Retailers and return points

Retailers selling in-scope drinks must pay the deposit when purchasing the drinks and charge it to consumers at the point of sale. Supermarkets, grocery stores, convenience stores and newsagents that sell in-scope drinks must host a return point, manual or using a reverse vending machine, unless exempt. Return-point hosts must register with the deposit management organisation, refund the deposit by voucher, card or cash, store returned containers for collection and display information for customers.

Retailers in urban areas with retail space below 100 square metres are exempt from hosting a return point but can volunteer. Other businesses such as hospitality venues, food-to-go stores, schools, gyms, community centres, mobile caterers and businesses with vending machines can apply to host voluntary return points, and a retailer can apply for an exemption if it is close to another return point or if the premises make hosting impossible or difficult. Online sellers can register as a takeback service provider to recover empties at delivery.

Pubs, cafes and drinks consumed on the premises

GOV.UK says businesses selling drinks for immediate consumption on the premises, such as cafes, restaurants and pubs, can choose not to charge the deposit at the point of sale. They should collect and store the containers, the deposit management organisation will collect them and refund the deposit, and the business must display clear information that it is an opt-out premises and asks customers to leave their empties. If the business also sells drinks to take away, it may choose to apply the deposit only to those.

Who runs and enforces the scheme

The UK government’s policy statement says UK Deposit Management Organisation Limited was appointed as the deposit management organisation in May 2025 and will run the scheme in England, Northern Ireland and Scotland. It sets the deposit amount, producer registration fees and payments to return-point hosts, provides guidance, informs consumers and arranges collection and recycling. The stated aims are to reduce litter, increase recycling rates and create high-quality recycled materials that producers can use again. The enforcement authorities are the Environment Agency and Trading Standards in England and the Northern Ireland Environment Agency in Northern Ireland.

FAQs

Does the scheme apply in Wales?

No. GOV.UK says Wales has a separate scheme under development, and Scotland is introducing similar rules under its own legislation.

Are all drinks bottles covered?

No. Only single-use aluminium, steel or PET containers of 150ml to 3 litres are in scope. HDPE containers such as milk bottles and containers that are not single use are excluded.

Who sets the deposit amount?

The deposit management organisation, according to GOV.UK, which also sets producer fees and return-point payments.

Bottom line

From 1 October 2027, a refundable deposit will apply to in-scope drinks containers sold in England and Northern Ireland, with return points at larger shops and opt-outs for on-premises drinking. Households and businesses that manage waste should expect fewer eligible bottles and cans in general waste. This is general information from GOV.UK guidance; confirm the details for a specific business with the deposit management organisation.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• Department for Environment, Food & Rural Affairs via GOV.UK, “Deposit Return Scheme: drinks producer and retailer responsibilities”
• Department for Environment, Food & Rural Affairs via GOV.UK, “Deposit Return Scheme for drinks containers: policy statement”

Related guides

Compare Waste Removal is an independent guide. We may earn a fee from some links; this never affects what we write.